These scams can take on many forms, exist online, via traditional mail, and even involve telephone contact directly with a potential victim.

In some cases, the person perpetrating the fraud may present themselves as a government agency, a bank or financial institution, a charity, or even impersonate a family member in peril requesting cash.

Modern scam artists are increasingly sophisticated in the ways they work, often use technology to appear legitimate, and will even go so far as to prey upon those sympathetic for other who are the victims of well-known natural disasters.

Increasingly, online fraud involves fraudulent websites which look identical to a legitimate charitable organization or agency, but which is really a false front by which the scam artist collects donations or payments which are really intended for another recipient.

As Seniors are often targeted, they should never provide credit or debit card numbers over the phone or online when contacted unsolicited.

If Seniors want to donate to a charity, or even make some online payments, they should be sure confirm the appropriate contact information with the organization directly before doing so.

The National Council on Aging explains some common scams targeting seniors and provides tips on how you can avoid being a victim, and provides an easy to use resource for Seniors who would like to take further steps to protect themselves.

We recommend that everyone - especially Seniors - become familiar with these types of common scams, and always proceed with caution if there is any doubt about making a payment, or providing financial and/or pedigree information to a third party that is not known to you personally.

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Another common fraud involves impersonating the Social Security office. Callers will either use threats or claim that the person has an inactive Social Security number with the aim to help the person reactivate it. Be aware that unless there was pre-established contact, the Social Security office rarely calls individuals unsolicited. Additionally, agents working with this office never make threats involving legal action or arrests, no matter what the issue is concerning. If you receive such a call, your best course of action is to hang up.

The "grandparents scam" is particularly heinous, since it involves impersonating a senior's grandchild and asking for money as a result of some kind of accident or legal misadventure. While in the past scam artists would request wire transfers or even gift cards, the scam has evolved slightly so that targets are asked to send cash. Additionally, instructions are often complex, such as divvying up bills and placing them within the pages of a magazine. If you receive a call, don't act until you verify with your grandchild or another family member that the situation has actually taken place.

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tag:www.bashianfarberlaw.com,2019:/blog//76514.37266442019-05-08T21:02:00Z2019-05-06T21:02:48Z
According to Forbes, in 2014, the government included questions about gender identity and sexual orientation on the National Survey of Older Americans Act Participants. The annual survey was administered by the Department of Health and Human Services and collected data from seniors who made use of specific government assistance programs, such as meal services and senior centers in New York and the rest of the United States.

In 2017, the Trump Administration removed these questions from the survey, stating that they had first been introduced as part of a pilot test and were no longer needed. However, that initial inclusion provided plenty of data that pointed to some dismal news for the LGBT community. LGBT seniors relied more on the services provided by the Old Americans Act than heterosexuals. This was often due to a familial and social disconnect as well as higher poverty rates.

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The survey also showed that LGBT seniors of color faced higher levels of discrimination, which often also correlated with lower educational levels and household incomes. Social isolation was especially experienced by bisexual seniors regardless of color. They were also more likely to become depressed. Transgender seniors were also one sub-group of the LGBT community that was adversely affected in a unique way, primarily when stigma and LGBT-discrimination forced them to conceal their sexual orientation or gender identity.

Experts hope that with greater acceptance of the LGBT community in modern times compared to even a decade ago, younger LGBT people may stand a better chance. However, CNBC points out that many same-sex couples are struggling to overcome financial obstacles. These issues are especially pronounced when couples move from state to state, as each state have their own gay marriage laws. This may vary even down to the county level in some instances.

At the source of many of the problems ailing the LGBT community is discrimination and bias. This happens not just when applying for a job or renting a new apartment. It also happens on a more personal level from family, friends and perfect strangers. All of these then compound to alienate the LGBT community from the support systems they need just as much as anyone else -- if not more -- as they age.

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tag:www.bashianfarberlaw.com,2019:/blog//76514.37215262019-05-02T20:50:00Z2019-04-30T20:51:06Z
People who are awarded child support in New York know how important those payments are to help them provide for the needs and care of their children. They also understand the added burden they may face if their children's other parents do not fulfill their financial obligations. Therefore, it behooves parents to be aware of the enforcement options available to encourage payment or recover past due balances.

According to the New York State Office of Temporary and Disability Assistance, the state's child support enforcement program may use income execution, unemployment insurance benefits intercept or lottery intercept to collect overdue child support. The state may deduct all or a portion of people's wages earned, benefits received, tax refunds issued or winnings to apply toward their child support balances. Income execution and unemployment insurance benefits intercept may also be used to collect current child support payments.

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Falling behind on their child support may also affect people's ability to drive and to travel abroad. The child support enforcement program can take administrative action to suspend the driving privileges of parents who are in arrears, as well as to deny their request for or the renewal of their passports. According to the New York State Office of Temporary and Disability Assistance, if parents fall four or more months behind on their child support payments, the program may also suspend their professional, business, occupational or recreational licenses, permits and registrations. This includes liquor licenses for bar and restaurant owners and physicians' licensures to practice medicine, as well as people's hunting and fishing licenses.

If people are two or more months past due on their child support, they owe $300 or more, and they have not made a payment in 45 days or more, they may have their assets frozen by the state's child support enforcement program. This may prevent them from accessing the funds in their banking or other financial accounts until a specified amount is paid or they have filed a claim for exempt funds or mistake of facts.

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tag:www.bashianfarberlaw.com,2019:/blog//76514.37213302019-05-02T18:49:00Z2019-04-30T18:49:47Z
The general effects of age and time, suffering some types of injuries or developing certain medical conditions may result in physical or mental incapacity for adults. If they have not already legally named a representative to act on their behalf, family members charged with their care may see fit to pursue the authority to handle their affairs. Therefore, it is important for people to understand how guardianship is established for incapacitated adults in New York.

According to the New York Unified Court System, guardianship is the legal appointment by the court of an agent who is charged with making decisions on behalf of another person who cannot make choices for himself or herself. Depending on the circumstances, a guardianship may be granted for a person, his or her property, or both. A guardian of the person is responsible for life-related choices, such as those relating to the ward's welfare, health care or education. A guardian of the property, however, only has authority over the management of the ward's money, savings and investments.

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According to the New York City Department for the Aging, the appointment of a guardian for an incapacitated adult is initiated by filing a petition with the court. The petition should detail the needs; self-care, financial or both, of the potential ward that are not currently being addressed.

After a petition for guardianship is filed, a hearing is held in which a judge will determine whether to appoint another person to make decisions on behalf of the potential ward. The person over whom guardianship is being sought must be notified about the hearing, and he or she has the option to participate as much as he or she wants and is able. The judge will review the information provided by the petitioner, which may include medical records or other statements regarding the health care and well-being of the potential ward, as well as any testimony that is given, in order to determine the incapacity level and needs of the potential ward.

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tag:www.bashianfarberlaw.com,2019:/blog//76514.37139282019-04-24T21:50:00Z2019-04-22T21:52:38Z
Many New York companies employ a buy-sell agreement to sell a person's ownership share of a business to another partner or to shareholders in the event the owner can no longer function as an active participant in the company. The key to activating a buy-sell action is a triggering event. Any buy-sell agreement should clearly spell out what the company considers to be a triggering event so there is no doubt that the sale of ownership can take place.

According to Upcounsel.com, there are a number of scenarios business owners will generally define as triggering events. A partner may retire from the business. A tragic accident can leave a partner disabled and unable to function. If partners in a business are married and decide to divorce, this can also serve as a triggering event. One of the partners may also unexpectedly pass away. Sometimes a triggering event can be if someone does not fulfill a contractual obligation, such as making an investment in the company at an appointed time.

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Fitsmallbusiness points out that buy-sell actions can also be employed when conflicts between partners or owners reach a fevered pitch. When disagreements are irreconcilable, a partner may leave the business. A buy-sell arrangement prevents the exiting owner from demanding an unfairly large price for his or her ownership stake and from selling off the ownership to an undesirable third party. Buy-sell agreements may also be used to force out owners who engage in criminal actions or lose mental stability and engage in reckless behavior.

Additionally, business owners should take the personal financial state of their partner into account when drafting a buy-sell arrangement. In the event a partner declares personal bankruptcy, the other partner or shareholders retain the option to buy out the insolvent owner. Otherwise, a bankruptcy court may decide to go after the insolvent partner's ownership share to pay off creditors.

The range of triggering events can vary by business. The same possible scenario does not always need to trigger a buy-sell action for every business. For instance, the death of a partner might not be crippling to a company if there is still a vibrant, capable partner who can handle the operation, and so no ownership succession is needed. Also, some contracts can simply pass on a partner's stock or ownership to the partner's spouse or family member without a buyout option.

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tag:www.bashianfarberlaw.com,2019:/blog//76514.37082492019-04-19T21:49:00Z2019-04-17T21:50:34Z
If you want to buy or sell real estate in New York, it may involve complicated negotiations and legal processes. There are unique laws that cover financing, vacant land transactions, land-use approvals, zoning and many other real estate issues. New York contains a diverse mix of real estate, including traditional residences, apartment buildings, farm land, commercial properties and cooperative apartments. Here at Bashian P.C., we have helped many clients successfully navigate New York real estate transactions.

If you are planning to purchase property, there are several steps you may need to complete before signing the closing papers. Depending on the type and location of the property, you may need to obtain inspection reports, land surveys, environmental data and title reports. Homeowners association agreements may also apply to residential properties. There may be important financial and investment documents related to buying and selling cooperative apartments.

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Leasing and sub-leasing may require detailed negotiations. Once you have reached an agreement with everyone involved, you usually need to draft a specific document detailing all the terms of the leasing arrangement. There may be different requirements for residential and commercial leases. Zoning and land-use laws may also affect the terms of your purchase or lease. For example, you may have to work with municipal organizations on issues relating to historical and architectural review.

Financing may be another aspect of a real estate transaction that benefits from legal representation. Financing agreements may impact both the buyer and seller, especially when there are unique lending situations such as VA loans or FHA 203K Rehabilitation Loans. When conventional options are inadequate, refinancing may require you to use unique procedures, such as Consolidation and Extension Mortgage Agreements. Our web page on real estate transactions may provide more detailed information on these topics.

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tag:www.bashianfarberlaw.com,2019:/blog//76514.37078892019-04-19T17:01:00Z2019-04-17T17:02:30Z
New York has often been known for welcoming minorities with open arms, whether they are people of color, immigrants or a part of the LGBTQ community. However, there are some federal laws that the state often has no choice but to enforce.

Early this year, CNN updated its thorough timeline of events related to the LGBTQ community, starting from 1924. Toward the end, it highlights the struggles transgenders have faced regarding their ability to serve in the military. However, discrimination at work does not stop here for the LGBTQ community.

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The good news is employers need not enforce this type of discrimination at their own businesses. So, here are some of the ways that employers can help to create a more inclusive work environment for LGBTQ workers.

Use company policy

According to Forbes, the policies an organization puts in place can have a direct impact on employees' attitudes towards the LGBTQ community at work. LGBTQ-related company policies may include not just regulations prohibiting discriminatory behaviors, but also more equalizing actions, such as providing health benefits for same-sex partners.

Enforce the rules

Work policies do not add up to much if they are not enforced. How management handles discrimination cases in-house helps to determine how employees handle those same instances going forward. If there are clear repercussions, even the most homophobic employees might understand and accept that this is not acceptable at work.

Train employees

Employees further appreciate the importance of company policies when they are worked into training modules. There is no need to single out LGBTQ issues as the one trainable company policy topic. Instead, include it alongside other important issues, such as how to handle customers entering the premises with service animals or what to do if workers experience or witness sexual harassment on the job.

Forbes estimates that 46 percent of LGBTQ employees are still in the closet at work. One of the primary reasons put forward for this is fear of discrimination. For many Americans across the country, there are no protections in place for this kind of discrimination because sexual orientation is not a protected class. Thankfully, there are states like New York that appreciate the need to write that protection into law.

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tag:www.bashianfarberlaw.com,2019:/blog//76514.36935872019-04-16T20:47:00Z2019-04-10T14:43:00Z
Raising a child can be challenging, and there are many risks that kids will face throughout their entire childhood. Sadly, traffic accidents are one of the most common ways in which young children are injured or killed, and these fatalities and injuries occur at an alarming rate. As a parent, it is imperative for you to understand the risks that your child faces on the road and do everything you can to reduce the probability of a collision. Sadly, even if you take every precautionary measure, an accident may still occur and be devastating for your family.

According to the Centers for Disease Control and Prevention, over 128,000 children under the age of 12 were injured in motor vehicle wrecks over the course 2016. Furthermore, more than 700 children in this age group passed away during the same year. The CDC points out that many children ride in vehicles without being properly restrained at some point, whether they are not in an appropriate car seat or they are not wearing a seat belt.

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Even when parents ensure that their kids are properly restrained, the roads can be incredibly dangerous. There are a number of ways in which children can be injured or killed in car accidents, especially if a reckless driver is traveling at a high rate of speed when they collide with the vehicle or some other tragic event takes place on the roadway. When some other driver's negligent behavior results in a devastating wreck, victims should explore the legal options they might have.]]>
tag:www.bashianfarberlaw.com,2019:/blog//76514.36970812019-04-15T21:34:00Z2019-04-10T14:42:26Z
Far too many people in White Plains may view the job of helping to administer an estate as being limited to ensuring that assets are directed to designated beneficiaries. While that may be all that is required of an executor or personal representative in some cases, other times whoever is tasked with fulfilling that role may be called upon again and again to represent the estate's interest. This is especially true for estates that count artistic or intellectual properties amongst their assets. Third parties may seek permission to utilize such assets in the future, and it is the job of the estate executor to ensure that any use is in accordance with the desires conveyed by an estate's testator.

Managing that use can often result in contention. Such is what is currently happening with the estate of the late novelist Harper Lee. In 2015, Lee came to an agreement with a producer to create a stage adaption of her landmark work . She had entered into a similar agreement with another production company back in 1969. A provision was included in the 1969 agreement that stated that its production could not be run concurrently with any subsequent "first-class" adaptions playing in the same general area. Earlier this year, representatives from Lee's estate contact the leadership of the company managing the earlier production stating that several planned performances were in violation of their agreement and needed to be shut down. The company is now suing the estate to cover some of the costs associated with the cancellations, claiming they had initially received permission from the estate to stage the productions.

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This case demonstrates just how complicated managing an estate can be. Those asked to do it may want to enlist the aid of an experienced estate attorney. ]]>
tag:www.bashianfarberlaw.com,2019:/blog//76514.36922422019-04-12T17:00:00Z2019-04-10T14:41:29Z
Working with a lawyer in White Plains on a legal matter can be a daunting process, particularly due to the amount of information you may be required to share with your attorney. It is easy to understand why you may be hesitant to disclose certain information to a person with whom you do not have an established relationship; many of those that we here at Bashian & Farber, LLP have worked with in the past have the same concern. Yet in order for your attorney to provide you with the best possible representation, they need to know all the details related to your case.

Attorney-client privilege allows you the comfort in knowing that you can share information with an attorney without the fear of it being disclosed to the public. The American Bar Association's Model Rules of Professional Conduct state that your attorney is only allowed to reveal information related to your representation if you give your consent, or such consent is implied in your orders to carry out your representation. In the latter case, your attorney should typically consult with you prior to any disclosures so as to avoid the appearance of any improprieties.

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The benefit of attorney-client privilege does have its limitations, however. Your attorney does not need consent to reveal potentially sensitive information in the following scenarios:

To prevent death or serious bodily harm

To prevent the furtherance of a crime

To establish a defense in a matter between themselves and you

To comply with a court order

To seek advice in remaining compliant with the attorney-client privilege concept

If your attorney changes their employment (or the ownership of their firm changes), they can disclose information, yet only if it will prejudice your case. More information on the attorney-client relationship can be found throughout our site.

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tag:www.bashianfarberlaw.com,2019:/blog//76514.36733092019-03-25T13:35:00Z2019-03-21T13:33:06Z
Unfortunately, no one lives forever. As New Yorkers age, it is important to make plans for the end of their life. These plans should include retirement and estate planning. In spite of this, CNBC reports that 45 percent of Americans 55 years and older do not have a will.

This is despite the fact that the respondents in the study cited generally agreed that by 50, people should have an estate plan in place. In addition to this, nine out of 10 people also stated that they were open to discussing their end of life plans with family and friends. This important step can do wonders to prevent family feuds after a passing.

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It is important to note, however, that there are other important aspects of estate planning. Here are some of the basic recommendations from CNBC:

A living will, also known as a health-care directive, details a person's preferences if trauma or an illness leaves them incapable of making your own decisions.

If they become incapacitated, the person granted power of attorney might be able to handle their financial affairs on their behalf.

When creating a will, choosing an executor is important.

Forbes reminds Americans that after creating an estate plan, they need to keep it updated. This is because key events, such as moving to a different state or acquiring new assets may change the accuracy and validity of the original document. A person may also choose to update a will if the people they wish to leave property to have passed away or are no longer on favorable terms with them.

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tag:www.bashianfarberlaw.com,2019:/blog//76514.36668512019-03-18T13:05:00Z2019-03-14T13:05:16Z
In 2015, many New Yorkers celebrated the landmark decision to legalize same-sex marriages. However, like any other marriages, many of these ended in divorce. This is about where the similarity ends as LGBT divorcees face unique problems that others do not.

According to Forbes, one of the main problems is deciding how to split the property. This may sound like any other divorce problem, but this is actually what makes LGBT cases so unique. Here's why. There were many couples living together monogamously for decades like married couples, but without the paperwork. In these instances, couples may have bought property together or have other entangled assets, such as those related to retirement plans. This makes separation a lot more complicated.

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One definitely unique problem is the legal status of the relationship. Before marriage was allowed between same-sex couples, many filed for domestic partnerships. In some states, these partnerships automatically received marriage status. Because of this, separation may require dissolving not just the marriage but the partnership as well.

There may also be the question of children. If the children are adopted, did both parents follow through on the adoption process? If the children are the biological offspring of only one party, did the other person file for adoption. The answers to these questions have a strong impact on how custodial rights may be granted.

One financial planner explains on Money.com that the best time to hash these problems out is at the beginning of the marriage via a prenuptial agreement. While this advice may be too little too late for those already facing divorce, it is a worthy point to consider for the next time around and to pass on to LGBT friends.

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tag:www.bashianfarberlaw.com,2019:/blog//76514.36574632019-03-13T19:35:00Z2019-03-11T19:34:44Z
If you and your spouse decide to split up in New York, you are probably dreading the divorce proceedings. One way to decrease the stress involved with splitting up is to use a mediator, who is a neutral third party who guides you through all divorce considerations such as property, asset and debt division as well as spousal and child support.

While very few people enter into marriage thinking it will end, the American Psychological Association reports that almost half of all marriages end in divorce by the 20th anniversary. For many, a divorce can bring up a variety of emotions such as sadness, anger, helplessness and fear. Going through mediation, as opposed to litigation, is beneficial for not only each spouse but also the children, as it is less emotionally charged.

Although there are many advantages, it is important to consider disadvantages as well. If one spouse is controlling and outspoken, the other may not have a chance to state their needs and wants. One spouse may be able to keep assets hidden because there is no pretrial discovery. You also are not able to use past behavior, such as cheating or abuse, as a factor in determining final agreements. In complicated situations, you should hire a professional, such as a financial accountant or lawyer, to help you work through financial and legal issues. Even in non-complicated cases it is a good idea to consult with an attorney to make sure you are covering all the bases.

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tag:www.bashianfarberlaw.com,2019:/blog//76514.36612842019-03-12T19:18:23Z2019-03-12T19:24:01Z
Sherry Levin Wallach, who leads the firms Women's Law Group, is a tireless advocate for the legal rights of New Yorkers in more ways than one. Not only is she an expert in criminal defense, but she is a frequent lecturer and organizer for continuing legal education. Most recently, Sherry who is Secretary of the New York State Bar Association is co-chairing its Task Force on Incarceration Release Planning and Programs. This includes examining re-entry planning and programming in preparation for and after, a person's release from incarceration. The Task Force focused its report on several aspects of re-entry planning and programs including housing, education, assisted outpatient treatment for people with mental illness, the barriers faced by people with sex offense convictions, funding and the importance of having formally incarcerated people intricately involved in all aspects of re-entry planning and programs.

Bashian & Farber Partners James L. Hyer also participated in the Task Force. At Bashian & Farber we work hard for our clients, but we also take our responsibility to contribute to the greater good of our society and communities just as seriously.

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tag:www.bashianfarberlaw.com,2019:/blog//76514.36523532019-03-08T15:30:00Z2019-03-06T15:28:42Z
Non-disclosure agreements, when they work, help form a shield around your New York company's sensitive information and prevent your workers from giving the information out to competitors and also prevent unfair competition from the use of your own company's documents. However, if you do not spell out certain provisions before your workers sign your NDA, you might find your agreement is harder to enforce.

Fortunately, you can make your NDA more effective by clarifying some issues in the document itself. These issues can vary. Still, while not every NDA will be the same, generally many NDAs should address some common topics.

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Legal Fees

According to Forbes, it is a good idea to spell out who pays for the legal fees in the event of litigation over the agreement. Since court battles can be expensive, putting in a provision that the losing party must pay the court costs can allow your company to recoup the cost of enforcing the NDA. However, a loser pay provision could backfire if for any reason you were to lose in court. Still, having this provision can also act as a disincentive for any of your workers to break the NDA.

Venues

Some companies have workers who reside in other states. If this is the case for your company, specifying which state will be the venue to litigate your NDA is important. Since laws vary by state, you might find yourself at a disadvantage litigating in another state. You may also find it troublesome to travel to another state to handle your litigation.

Dispute Resolution

You can also offer up alternatives to court trials in your NDA. Consider other means to resolve disputes, such as taking the matter before an arbitrator or a mediator. There are good reasons to keep this door open, including the fact that these alternatives can go faster than a court trial and cost less money.

Returning Sensitive Documents

If your worker handles sensitive documents, you should specify that the worker should return such paperwork, at least by the time your worker leaves your employ. Even though your NDA may specify non-disclosure of information, you should still account for your company's documents. Your worker might keep to the agreement but there is no guarantee those documents will not wind up in someone else's hands by mistake.

Non-Compete Clauses

Chron.com points out that confidentiality agreements are frequently coupled with non-compete agreements. However, you want to be careful with a non-compete agreement, since there are many states that will not enforce them if they go too far. Still, a non-compete clause that specifies that a worker cannot use your sensitive information to compete against you should be legally sound.